[2022] KEHC 12820 (KLR)
The court found that the applicant, having pleaded guilty to burglary and stealing and being a habitual offender, had already served the full custodial sentence imposed by the trial court. There was no basis for further revision of the sentence as the applicant had completed his term of imprisonment. The file was...
Source-derived case information.
- Citation
- [2022] KEHC 12820 (KLR)
- Parties
- Applicant: Erick Ooko Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E014 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence rendered moot as sentence already served; file closed.
- Judges
- RE Aburili
- Legal Topics
- Burglary, Sentencing Review, Habitual Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ooko Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing was appropriate and warranted revision.
- 2 Whether the applicant had already served the sentence imposed by the trial court.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to burglary and stealing and being a habitual offender, had already served the full custodial sentence imposed by the trial court. There was no basis for further revision of the sentence as the applicant had completed his term of imprisonment. The file was accordingly closed, as the purpose of the revision application had been overtaken by events.
Court Disposition
Application for revision of sentence rendered moot as sentence already served; file closed.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ochieng v Republic (Criminal Revision E014 of 2022) [2022] KEHC 12820 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12820 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E014 of 2022
RE Aburili, J
August 8, 2022
Between
Erick Ooko Ochieng
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Ukwala PM’s Court Criminal Case No. E614 of 2021 by Hon. C.I. Agutu, Senior Resident Magistrate on 8/11/2021)
Ruling
1. The convict Erick Ooko Ochieng was convicted and sentenced to serve one year imprisonment for the offence of burglary contrary to Section 304 (2) and stealing contrary to section 279(2) of the Penal Code.
2. The value of the stolen property was Kshs 46,000/= belonging to Alexander Martin Okello.
3. The convict pleaded guilty before Ukwala Senior Resident Magistrate, Hon CI Agutu after considering the probation report dated October 21, 2021 after it became clear that the convict was a habitual offender and the community was tired of his character.
4. He has not appealed.
5. I have considered the sentence review report filed on 2/8/2022. It is clear that the convict has already cleared his sentence as at 8/7/2022.
6. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE